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Bioethics Testimony: Untangling the Strands and Testing Their Reliability

Published online by Cambridge University Press:  01 January 2021

Bethany J. Spielman
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Extract

In The Abuse of Casuistry Jonsen and Toulmin describe one view of moral reasoning as follows:

Those who take a rhetorical view of moral reasoning… do not assume that moral reasoning relies for its force on single chains of unbreakable deductions which link present cases back to some common starting point. Rather (they believe), this strength comes from accumulating many parallel, complementary considerations, which have to do with the current circumstances of the human individuals and communities involved and lend strength to our conclusions, not like links to a chain but like strands to a rope or roots to a tree.

Whether or not all moral reasoning resembles “strands to a rope,” bioethics testimony certainly does. Bioethics testimony is eclectic, a composite of many loosely woven strands. Rarely, if ever, is bioethics testimony “a chain of unbreakable deductions.” Rarely is it “pure” ethics, much less pure normative ethics.

Type
Symposium
Information
Journal of Law, Medicine & Ethics , Volume 33 , Issue 2 , Summer 2005 , pp. 222 - 233
Copyright
Copyright © American Society of Law, Medicine and Ethics 2005

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References

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Each of the following conditions must be met: 1). The information is not being proferred for an essentially legislative purpose, (i.e., an adjudicative purpose); 2). The announced standard should be interpreted as requiring or inviting the decisionmaker to bring moral judgment to bear in order to make the decision (e.g. not strict liability); 3). The standard ought to be interpreted as alluding to normative moral judgment (e.g. not alluding to a description of ordinary lay persons' morality); and 4). The law of the jurisdiction in question allocates the decision to the trier of fact (e.g. assigning to the jury in open court.)Google Scholar
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